Protecting Everyone's Interests: A comprehensive surrogacy agreement protects the intended parents, the surrogate, and the child. This checklist ensures your agreement covers all essential issues and complies with North Carolina law.

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Parties & Identification

Intended Parents Identified

Clearly name and identify the intended parents (biological relationship to the child, if applicable).

Surrogate Identified

Name and identify the surrogate mother. Include her medical and obstetric history.

Egg/Sperm Donor (if applicable)

If using a donor, clearly identify them and their legal status (anonymous, known, compensated, etc.).

Independent Legal Counsel

Each party should have independent legal representation. Document that each has been advised by separate attorneys.

Compensation & Expenses

Surrogate Compensation REQUIRED

Specify the surrogate's compensation amount and payment schedule. In NC, surrogates can be reasonably compensated.

Medical Expenses

Specify who pays for all medical expenses (prenatal care, delivery, post-natal care). Clarify coverage limits.

Insurance

Clarify health insurance coverage for pregnancy and delivery. Who is responsible for costs not covered by insurance?

Lost Wages & Childcare

If the surrogate loses wages due to pregnancy/delivery, specify who reimburses. Include childcare costs during medical appointments.

Maternity Clothes & Miscellaneous

Decide who covers maternity clothes, vitamins, and other pregnancy-related expenses.

Contingency Payments

If the pregnancy is lost, specify what compensation (if any) the surrogate receives and how medical expenses are handled.

💡 NC Surrogacy Legal Landscape

While North Carolina lacks specific surrogacy statutes, a valid surrogacy agreement should adhere to general contract principles, comply with adoption-related statutes, and respect constitutional protections. Given the legal uncertainties, parties should proceed cautiously and seek judicial approval where possible.

Medical & Pregnancy Issues

Medical Decision-Making

Clarify who makes medical decisions during pregnancy. Does the surrogate have autonomy or must she consult intended parents?

Prenatal Care & Testing

Specify required prenatal care, genetic testing, and ultrasounds. Who decides what testing occurs?

Fetal Reduction (if applicable)

If multiple embryos implant, clarify expectations about carrying multiples vs. fetal reduction. This should be decided before implantation.

Complications & Emergencies

What if serious complications arise? Who makes emergency decisions? What expenses are covered?

Birth Defects & Abnormalities

If the child has a genetic abnormality or birth defect, what are the expectations? Can the surrogate proceed with pregnancy termination?

Substance Use & Lifestyle

Specify expectations regarding alcohol, tobacco, drugs, exercise, and diet during pregnancy.

Parental Rights & Legal Issues

Parental Rights CRITICAL

Clearly state that the surrogate relinquishes all parental rights to the intended parents at birth. In gestational surrogacy, the intended parents are the legal parents.

Birth Certificate

Specify that intended parents' names will be on the birth certificate as mother/father or parents.

Custody & Guardianship

Confirm that intended parents have full custody and guardianship rights upon birth.

Surrogacy Specific Language

Agreement should include clear language establishing this is a gestational surrogacy with no parental relationship between surrogate and child.

Post-Birth Cooperation

Surrogate agrees to cooperate with intended parents in all legal procedures to establish parentage.

Relationship & Contact

Contact During Pregnancy

Specify frequency and type of contact (phone, in-person, ultrasound attendance) between surrogate and intended parents.

Hospital Participation

Will intended parents be in the delivery room? Who has visitation rights at the hospital?

Post-Birth Contact

Clarify whether there will be ongoing contact (visits, photos, updates) between surrogate and child after birth.

Confidentiality & Privacy

Specify privacy expectations and any restrictions on public discussion of the surrogacy arrangement.

Dispute Resolution & Legal Provisions

Dispute Resolution Process

Include mediation or arbitration clause for resolving disagreements between parties.

Breach & Remedies

Define what constitutes breach of agreement and what remedies are available.

Governing Law

Specify that North Carolina law governs the agreement.

Severability Clause

Include language stating that if one provision is found invalid, the rest of the agreement remains in effect.

Amendment & Modification

Specify how the agreement can be amended (must be in writing, signed by all parties, etc.).

Final Agreement & Execution

Independent Legal Review REQUIRED

Each party must have reviewed the agreement with independent legal counsel before signing.

Voluntary Agreement

All parties acknowledge they are signing voluntarily, without coercion or duress.

Signatures & Notarization

All parties sign the agreement, preferably with notarization for enforceability.

Signed Before Implantation

The agreement should be signed before embryo implantation occurs.

Copies to All Parties

Each party receives a fully executed copy of the agreement for their records.

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DISCLAIMER: This checklist is for informational purposes only and does not constitute legal advice. Surrogacy agreements are complex legal documents that require careful drafting. You should consult with a qualified North Carolina family law attorney experienced in surrogacy matters to ensure your agreement protects all parties and complies with NC law. Balbach & Davenport Legal makes no warranties regarding the accuracy or completeness of this information.

North Carolina Surrogacy Agreement Checklist